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Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
6,041–6,060 · Page 303 of 500
Supreme Court of India29 Jan 2019Full text
2019 INSC 111 · [2019] 2 S.C.R. 608
608 SUPREME [2019]COURT2 REPORTSS.C.R. 608 [2019] 2 S.C.R. A HIRANDRA KUMAR v. HIGH COURT OF JUDICATURE AT ALLAHABAD & ANR. (Writ Petition (Civil) No. 1343 of 2018) JANUARY 29, 2019 B [DR. DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Uttar Pradesh Higher Judicial Service Rules, 1975 : rr. 8, 12 – Challenge to – Rule…
Supreme Court of India1 Oct 2019Full text
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
6,041–6,060 · Page 303 of 500
Supreme Court of India29 Jan 2019Full text
2019 INSC 111 · [2019] 2 S.C.R. 608
608 SUPREME [2019]COURT2 REPORTSS.C.R. 608 [2019] 2 S.C.R. A HIRANDRA KUMAR v. HIGH COURT OF JUDICATURE AT ALLAHABAD & ANR. (Writ Petition (Civil) No. 1343 of 2018) JANUARY 29, 2019 B [DR. DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Uttar Pradesh Higher Judicial Service Rules, 1975 : rr. 8, 12 – Challenge to – Rule…
Supreme Court of India1 Oct 2019Full text
2019 INSC 1108 · [2019] 13 S.C.R. 651
– Pursuant thereto, the State requested review of the Supreme Court judgment – Review petition was filed by the State, however, same was disposed of with the direction that the report filed was not in F consonance with the order passed by the Supreme Court – Thereafter, a compliance report was filed with a map appended…
Supreme Court of India1 Oct 2019Full text
2019 INSC 1107 · [2019] 14 S.C.R. 943
SUDAM @ RAHUL KANIRAM JADHAV v. STATE OF 945 MAHARASHTRA Court to correct miscarriage of justice caused by an error apparent A on the face of the record. This Court cannot re-appreciate evidence in its entirety in the exercise of its review jurisdiction. Furthermore, the reference to “additional grounds” in the observa…
Supreme Court of India1 Oct 2019Full text
2019 INSC 1106 · [2019] 15 S.C.R. 685
685 686 SUPREME COURT REPORTS [2019] 15 S.C.R. A nomination papers of such candidates – Held: Requirement of verification of certificates by the Vigilance Cell was provided to be mandatory in terms of judgment in Kumari Madhuri Patil* – However, as implemented for the interregnum period in question, the input from Vigi…
Supreme Court of India1 Oct 2019Full text
2019 INSC 1104 · [2019] 14 S.C.R. 964
unsustainable and is set aside. Allowing the appeals, the Court HELD: 1. The plaintiff in a suit filed in 1990, asserted possession of the lands for past 30 years prior to the filing of the suit, relying on the Khasra entries for 1960-1961. The nature E and origin of the claim for possession was absent in the pleadings…
Supreme Court of India1 Oct 2019Full text
2019 INSC 1103 · [2019] 15 S.C.R. 524
Form 26 – Hence, orders of courts below dismissing the complaint is not tenable – Complaint to be considered afresh by trial court. Allowing the appeals, the Court HELD: 1. Consequent to the directions issued in *Association for Democratic Reforms case, Section 33-A was H 524 SATISH UKEY v. DEVENDRA GANGADHARRAO FADNAV…
Supreme Court of India1 Oct 2019Full text
2019 INSC 1102 · [2019] 12 S.C.R. 1125
[2019] 12 S.C.R. 1125 1125 UNION OF INDIA A v. STATE OF MAHARASHTRA AND ORS. (Review Petition (Crl.) No. 228 of 2018) in B (Criminal Appeal No.416 of 2018) OCTOBER 01, 2019 [ARUN MISHRA, M.R. SHAH AND B.R. GAVAI, JJ.] C Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Supreme Court in Dr…
Supreme Court of India30 Sep 2019Full text
2019 INSC 1100 · [2019] 14 S.C.R. 928
the expression ‘commercial site’, therefore, there can be no exemption of such land from the Act – On appeal, held: There is a definite distinction between the expression ‘lands’ and ‘sites’ in the context in which they have been used in the Act – Commercial sites read along with the other clauses dealing with sites cl…
Supreme Court of India4 Jan 2019Full text
2019 INSC 11 · [2019] 3 S.C.R. 713
713 714 SUPREME COURT REPORTS [2019] 3 S.C.R. A whereby prosecution was given last opportunity to procure attendance of the witness and it was observed that since the trial is pending for a long time, steps must be taken by the trial court to conclude the trial as expeditiously as possible, the trial court has allowed …
Supreme Court of India30 Sep 2019Full text
2019 INSC 1099 · [2019] 12 S.C.R. 1071
1071 1072 SUPREME COURT REPORTS [2019] 12 S.C.R. A rectify wrongful calculation of number of vacancies in different categories and to comply with requisite percentage of quota of reservation in different categories as per 1994 Act – By virtue of r.15 and r.6 of UP Subordinate Agriculture Services Rules, 1993 (Agricultu…
Supreme Court of India30 Sep 2019Full text
2019 INSC 1098 · [2019] 14 S.C.R. 974
Case Law Reference 2018 SCC OnLine SC 1921 relied on Para 1 CIVIL APPELLATE JURISDICTION: Civil Appeal No.7673 of F 2019 From the Judgment and Order 05.09.2019 of the National Company Law Appellate Tribunal, New Delhi in Company Appeal (AT) (Ins) No. 177 of 2019 G Mukul Rohatgi, Dr. A. M. Singhvi, K. V. Viswanathan, Sr…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1097 · [2019] 12 S.C.R. 1046
3. The facts on record as stated above further disclose that F the Department was therefore right in invoking principle under said Note 4 and considering the imported items as part of one apparatus or machine to be classifiable under the heading appropriate to the function. The submission advanced by the Appellant in t…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1096 · [2019] 14 S.C.R. 1117
Allowing the appeal, the Court HELD: 1. In the present matter, the evidence of PW15 E shows that from and out of 7 bags of poppy husk, samples weighing about 500 grams were taken out of each bag. Out of these 3500 grams thus taken out, two samples of 500 grams were independently sealed while rest 2500 grams were also s…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1095 · [2019] 12 S.C.R. 796
796 SHIVKISHAN v. SUJATA TARACHAND MAKHIJA AND ORS. 797 Depositors including the Disputant helped the Society to have the A requisite land whereafter the Plots could be carved and allotted to the concerned members – On the other hand, at no stage the Appellant made any such contribution – He was neither present in the …
Supreme Court of India27 Sep 2019Full text
2019 INSC 1094 · [2019] 12 S.C.R. 1064
H 1064 GURU @ GURUBARAN & ORS. v. STATE REP. BY INSP. 1065 OF POLICE Disposing of the appeals, the Court A HELD: 1. The doctor states that the injuries caused the death of the victim. The first injury is a lacerated wound and it is urged by the accused persons, that this injury could not have been caused by sickle (Kod…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1093 · [2019] 12 S.C.R. 768
Allowing the appeals, the Court E HELD: 1.1 The High Court was not right in holding that the bequeath of all the properties by the executants-original tenant of the land in question by way of Will in favour of his brother is hit by statutory prohibition and no rights of tenancy could be claimed on its basis. Thus, the …
Supreme Court of India26 Sep 2019Full text
2019 INSC 1092 · [2019] 12 S.C.R. 738
Counsel was a concession in law and contrary to Statutory Rules, hence, not binding on the State – There cannot be any estoppel against law – Concession – Estoppel – Orissa Revised Scales of Pay Rules, 1989 [as amended by Orissa Revised Scales of Pay (Amendment) Rules, 1990]. F Allowing the appeal, the Court HELD: 1. T…
Supreme Court of India26 Sep 2019Full text
2019 INSC 1091 · [2019] 12 S.C.R. 744
and in pari delicto potior est conditio defendentis et possidentis. Maxims–”ex turpi causa non oritur actio”; “in pari delicto potior est conditio defendentis et possidentis” and “ex dolo malo non oritur actio” – Applicability of – Discussed. Practice & Procedure – Claim of the plaintiff based on illegal C agreement – …
Supreme Court of India29 Jan 2019Full text
2019 INSC 109 · [2019] 1 S.C.R. 741
G WITH Civil Appeal Nos. 1267-1268 of 2019. Brijender Chahar, Sr. Adv. (Amicus Curie) H UNION OF INDIA v. RADHA YADAV 743 Vikramjit Banerjee, ASG, Vikas Singh Jangra, Shashi Bhushan,. A Amit Kumar Pathak, Nachiketa Joshi, Ms. Bharti Tyagi, Sachin Sharma, A.K. Sharma, Mrs. Anil Katiyar, Raj Bahadur Yadav, Advs. for the …
Supreme Court of India26 Sep 2019Full text
2019 INSC 1089 · [2019] 12 S.C.R. 861
– Art.235. Allowing the appeal, the Court HELD: 1.1 There can be no Rule of Law, there can be no G democracy unless there is a strong, fearless and independent judiciary. This independence and fearlessness is not only expected at the level of the Superior Courts but also from the District judiciary. Therefore, it is im…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 1108 · [2019] 13 S.C.R. 651
– Pursuant thereto, the State requested review of the Supreme Court judgment – Review petition was filed by the State, however, same was disposed of with the direction that the report filed was not in F consonance with the order passed by the Supreme Court – Thereafter, a compliance report was filed with a map appended…
Supreme Court of India1 Oct 2019Full text
2019 INSC 1107 · [2019] 14 S.C.R. 943
SUDAM @ RAHUL KANIRAM JADHAV v. STATE OF 945 MAHARASHTRA Court to correct miscarriage of justice caused by an error apparent A on the face of the record. This Court cannot re-appreciate evidence in its entirety in the exercise of its review jurisdiction. Furthermore, the reference to “additional grounds” in the observa…
Supreme Court of India1 Oct 2019Full text
2019 INSC 1106 · [2019] 15 S.C.R. 685
685 686 SUPREME COURT REPORTS [2019] 15 S.C.R. A nomination papers of such candidates – Held: Requirement of verification of certificates by the Vigilance Cell was provided to be mandatory in terms of judgment in Kumari Madhuri Patil* – However, as implemented for the interregnum period in question, the input from Vigi…
Supreme Court of India1 Oct 2019Full text
2019 INSC 1104 · [2019] 14 S.C.R. 964
unsustainable and is set aside. Allowing the appeals, the Court HELD: 1. The plaintiff in a suit filed in 1990, asserted possession of the lands for past 30 years prior to the filing of the suit, relying on the Khasra entries for 1960-1961. The nature E and origin of the claim for possession was absent in the pleadings…
Supreme Court of India1 Oct 2019Full text
2019 INSC 1103 · [2019] 15 S.C.R. 524
Form 26 – Hence, orders of courts below dismissing the complaint is not tenable – Complaint to be considered afresh by trial court. Allowing the appeals, the Court HELD: 1. Consequent to the directions issued in *Association for Democratic Reforms case, Section 33-A was H 524 SATISH UKEY v. DEVENDRA GANGADHARRAO FADNAV…
Supreme Court of India1 Oct 2019Full text
2019 INSC 1102 · [2019] 12 S.C.R. 1125
[2019] 12 S.C.R. 1125 1125 UNION OF INDIA A v. STATE OF MAHARASHTRA AND ORS. (Review Petition (Crl.) No. 228 of 2018) in B (Criminal Appeal No.416 of 2018) OCTOBER 01, 2019 [ARUN MISHRA, M.R. SHAH AND B.R. GAVAI, JJ.] C Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Supreme Court in Dr…
Supreme Court of India30 Sep 2019Full text
2019 INSC 1100 · [2019] 14 S.C.R. 928
the expression ‘commercial site’, therefore, there can be no exemption of such land from the Act – On appeal, held: There is a definite distinction between the expression ‘lands’ and ‘sites’ in the context in which they have been used in the Act – Commercial sites read along with the other clauses dealing with sites cl…
Supreme Court of India4 Jan 2019Full text
2019 INSC 11 · [2019] 3 S.C.R. 713
713 714 SUPREME COURT REPORTS [2019] 3 S.C.R. A whereby prosecution was given last opportunity to procure attendance of the witness and it was observed that since the trial is pending for a long time, steps must be taken by the trial court to conclude the trial as expeditiously as possible, the trial court has allowed …
Supreme Court of India30 Sep 2019Full text
2019 INSC 1099 · [2019] 12 S.C.R. 1071
1071 1072 SUPREME COURT REPORTS [2019] 12 S.C.R. A rectify wrongful calculation of number of vacancies in different categories and to comply with requisite percentage of quota of reservation in different categories as per 1994 Act – By virtue of r.15 and r.6 of UP Subordinate Agriculture Services Rules, 1993 (Agricultu…
Supreme Court of India30 Sep 2019Full text
2019 INSC 1098 · [2019] 14 S.C.R. 974
Case Law Reference 2018 SCC OnLine SC 1921 relied on Para 1 CIVIL APPELLATE JURISDICTION: Civil Appeal No.7673 of F 2019 From the Judgment and Order 05.09.2019 of the National Company Law Appellate Tribunal, New Delhi in Company Appeal (AT) (Ins) No. 177 of 2019 G Mukul Rohatgi, Dr. A. M. Singhvi, K. V. Viswanathan, Sr…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1097 · [2019] 12 S.C.R. 1046
3. The facts on record as stated above further disclose that F the Department was therefore right in invoking principle under said Note 4 and considering the imported items as part of one apparatus or machine to be classifiable under the heading appropriate to the function. The submission advanced by the Appellant in t…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1096 · [2019] 14 S.C.R. 1117
Allowing the appeal, the Court HELD: 1. In the present matter, the evidence of PW15 E shows that from and out of 7 bags of poppy husk, samples weighing about 500 grams were taken out of each bag. Out of these 3500 grams thus taken out, two samples of 500 grams were independently sealed while rest 2500 grams were also s…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1095 · [2019] 12 S.C.R. 796
796 SHIVKISHAN v. SUJATA TARACHAND MAKHIJA AND ORS. 797 Depositors including the Disputant helped the Society to have the A requisite land whereafter the Plots could be carved and allotted to the concerned members – On the other hand, at no stage the Appellant made any such contribution – He was neither present in the …
Supreme Court of India27 Sep 2019Full text
2019 INSC 1094 · [2019] 12 S.C.R. 1064
H 1064 GURU @ GURUBARAN & ORS. v. STATE REP. BY INSP. 1065 OF POLICE Disposing of the appeals, the Court A HELD: 1. The doctor states that the injuries caused the death of the victim. The first injury is a lacerated wound and it is urged by the accused persons, that this injury could not have been caused by sickle (Kod…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1093 · [2019] 12 S.C.R. 768
Allowing the appeals, the Court E HELD: 1.1 The High Court was not right in holding that the bequeath of all the properties by the executants-original tenant of the land in question by way of Will in favour of his brother is hit by statutory prohibition and no rights of tenancy could be claimed on its basis. Thus, the …
Supreme Court of India26 Sep 2019Full text
2019 INSC 1092 · [2019] 12 S.C.R. 738
Counsel was a concession in law and contrary to Statutory Rules, hence, not binding on the State – There cannot be any estoppel against law – Concession – Estoppel – Orissa Revised Scales of Pay Rules, 1989 [as amended by Orissa Revised Scales of Pay (Amendment) Rules, 1990]. F Allowing the appeal, the Court HELD: 1. T…
Supreme Court of India26 Sep 2019Full text
2019 INSC 1091 · [2019] 12 S.C.R. 744
and in pari delicto potior est conditio defendentis et possidentis. Maxims–”ex turpi causa non oritur actio”; “in pari delicto potior est conditio defendentis et possidentis” and “ex dolo malo non oritur actio” – Applicability of – Discussed. Practice & Procedure – Claim of the plaintiff based on illegal C agreement – …
Supreme Court of India29 Jan 2019Full text
2019 INSC 109 · [2019] 1 S.C.R. 741
G WITH Civil Appeal Nos. 1267-1268 of 2019. Brijender Chahar, Sr. Adv. (Amicus Curie) H UNION OF INDIA v. RADHA YADAV 743 Vikramjit Banerjee, ASG, Vikas Singh Jangra, Shashi Bhushan,. A Amit Kumar Pathak, Nachiketa Joshi, Ms. Bharti Tyagi, Sachin Sharma, A.K. Sharma, Mrs. Anil Katiyar, Raj Bahadur Yadav, Advs. for the …
Supreme Court of India26 Sep 2019Full text
2019 INSC 1089 · [2019] 12 S.C.R. 861
– Art.235. Allowing the appeal, the Court HELD: 1.1 There can be no Rule of Law, there can be no G democracy unless there is a strong, fearless and independent judiciary. This independence and fearlessness is not only expected at the level of the Superior Courts but also from the District judiciary. Therefore, it is im…
Also on Law on Tips: Bare Acts · Legal news and analysis